The Rajasthan High Court on Friday directed the Election Commission to decided by April 16 an application of BSP candidate and dismissed IPS officer Pankaj Choudhary on issuance of a document required to be submitted by terminated senior officers while contesting election, his lawyer said.
Choudhary had moved the high court stating that his nomination papers were rejected by the Chief Election Officer of Barmer due to absence of the document. He sought timely issuance of the document by the EC so that he could file fresh nomination papers from Bikaner, the last date for which is April 18.
Admitting his prayer, Justice P S Bhati directed the Election Commission to decided Choudhary's application for required certificate by April 16.
In his prayer, Choudhary stated that he had applied for the certificate to the EC under Representation of the People Act 1951, in absence of which his nomination papers were rejected by the Chief Election Officer of Barmer.
His counsel Ramvatar Singh Choudhary said that Choudhary had been dismissed from service on charges of extramarital affair and not for corruption or disloyalty to the state.
In such a situation, he was supposed to submit a certificate issued by the Election Commission under section 33 of the R P Act that he had not been dismissed for corruption or disloyalty to the state," said Choudhary.
He said that the application seeking this certificate had been sent to the EC on April 1st. But since it was not received in time, his nomination was rejected in Barmer.
"So Choudhary moved the court seeking direction to the Election Commission to issue this certificate as soon as possible so that he could file nomination from Bikaner without fearing rejection of his paper," the lawyer said.
The officer had filed his nomination from Barmer on BSP ticket but his papers were rejected.
The court has given directions to the Election Commission to decide the application, on whether the required certificate was to be issued or not to Choudhary, by April 16 so that he could decide his political fate, the lawyer said.
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